State v. Reznik
State v. Reznik
Opinion of the Court
The defendants were tried together to the jury on separate informations charging them with the crime of conspiracy to commit the crime of pool selling in violation of § 53-295 of the General Statutes. The information charging
The assignments of error relate to the introduction of evidence, the limiting of cross-examination, the court’s refusal to correct the finding, and the charge. Upon the trial, the defendants did not testify in their own behalf. This apparently led the trial court into the inadvertency of making a finding as though the cases were tried to the court. No prejudice has resulted, however, since the assignments of error relating to the court’s failure to correct the finding are hereinafter considered. Baughtigan v. Norwich Nickel & Brass Co., 86 Conn. 281, 287; Maltbie, Conn. App. Proc. § 144.
The information in each case should have set forth that section of the General Statutes relating to conspiracy upon which the state relied. The crime of conspiracy does not merge in the act which is executed in furtherance of the conspiracy, but is a distinct offense. State v. Setter, 57 Conn. 461, 469. The gist of the offense is the unlawful combination, not the accomplishment of the objective. State v. Devine, 149 Conn. 640, 647. Furthermore, it is not clear why the state arraigned the defendants on separate informations alleging specific violations on different dates. While such a method of arraignment is not improper, ordinarily where a conspiracy
Since neither defendant testified, there appears to be no dispute over the essential facts. On March 8, 1964, a restaurant known as the Blue Danube and located in the town of Newington was raided by the police and the defendants were arrested. The restaurant consisted of a bar, dining room and dance floor, and an apartment on the second floor. The raid was the culmination of an undercover investigation by two state troopers which commenced February 17, 1964. The preliminary investigation consisted of visits by the troopers to the section of the restaurant where the bar was located. On various occasions, one of the troopers would enter the restaurant, sit at the bar, order a drink and engage in casual conversation with the defendants. Seven visits were made to the restaurant by a state trooper during February, and each visit followed much the same pattern. For instance, on February 19, the trooper overheard Zaleski engage in telephone conversations with unknown persons in which Zaleski mentioned horses, took bets and made notations on a paper, and on February 20, Reznik came into the bar and the trooper saw him hand money to Zaleski and heard him say, “These are my bets for today.” On March 1, the trooper entered the bar and placed a $5 bet with Reznik on a horse race. On March 2, he returned and learned
The defendants’ first assignment of error relates to the admission of evidence resulting from the visits made to the restaurant by the state troopers in February. The defendants objected to the admission of conversation between them and statements made by them over the telephone relating to bets, on the ground that such evidence was hearsay, preceded the dates of the allegations, and was evidence of other crimes. They also claimed that such evidence was objectionable because the identity of the other parties in the telephone conversations was not established. Such evidence was admissible, for it tended to prove a plan, system or scheme of related offenses or a design to commit a series of like crimes. State v. Barnes, 132 Conn. 370, 372; 1 Underhill, Criminal Evidence (5th Ed.) § 212. The testimony of a witness to one side of a telephone conversation is governed by the rule relating to the admissibility of oral conversation, and such evidence was not inadmissible. 31A C.J.S. 508, Evi
The defendants assign error in the admission in evidence of certain money claimed by the state to be the total amount of the bets won by the trooper. The claim is made that since there were two defendants and the payoff was in United States currency bills, each bill should have been specifically identified as having been paid by the individual defendant making the payment. The witness had previously testified to the specific amount won and lost on each bet and also which of the defendants had paid him. The money admitted was claimed by the state to represent the total amount which the witness had won. The money was corroborative of the total winnings and tended to indicate that the witness’ reckoning was correct. Furthermore, the crime charged here was a conspiracy. The court’s ruling was not incorrect.
Further error is assigned in that the court limited the cross-examination of a witness, and it is now claimed that the defendants were prevented from pursuing a possible application of the defense of entrapment. Since this claim was neither raised in the trial court nor passed upon by the court, the court could not have committed error in this respect. State v. Reid, 146 Conn. 227, 232.
Certain telephones located on the premises were seized by the troopers and were admitted in evi
The defendants also assign error in the court’s failure to correct the finding by adding the exceptions taken by the defendants to the court’s charge. The record for appeal should contain exceptions taken to the charge so that this court may have an understanding of them. See Practice Book, Form No. 820; Maltbie, Conn. App. Proc. §143. How
Error is assigned in the failure to correct the finding by adding certain paragraphs, such as that no foundation was laid before the admission in evidence of the $28 won by the trooper, and that one of the troopers was instructed to become a friend of the defendants and work his way into their confidence. For reasons heretofore considered, these assignments are without merit.
Finally, the defendants assign error in the court’s refusal to comply with their request to charge that each count should be considered individually and the preliminary investigation should not be considered “as a part of the particular counts.” On this point the court instructed the jury that each defendant was charged with a violation in each of the several counts appearing in the informations, that is, the three counts relating to Reznik and the four counts relating to Zaleski, and further, that each count contained a complete statement of the
There is no error.
In this opinion Jacobs and Kinmonth, Js., concurred.
Reference
- Full Case Name
- State of Connecticut v. Walter Reznik State of Connecticut v. John Zaleski
- Cited By
- 1 case
- Status
- Published